HomeMy WebLinkAboutMinutes_P&Z_05.07.2002MINUTES
PLANNING AND ZONING COMMISSION
TUESDAY, MAY 7. 2002, 6:00 P.M.
Acting Chair, Richard Glasco, called the meeting to order at 6:30 p.m.
Members present: Richard Glasco, Vice-Chair; Chris Aadnesen, John Kirby, Audrey McDonald,
Robert Seamans; Johnny Anderson, Alternate; Linda Turner, Alternate.
Members Absent: Marjorie Herbert, Chair; Gabe Sansing
Staff Present: Amelia Sondgeroth, Director of Planning and Development Services, Bobby Ray,
Chief Development Planner, Melissa McCollum, Development Planner; Carla Benton,
Development Planner, David Munk, Development Engineer, Steve O'Neal, Commercial Building
Planner, and Karen Frost, Administrative Manager/ Recording Secretary.
1. Action from Executive Session - None.
Consent Agenda
2. Consideration of the Minutes of the March 19, 2002, Special Meeting and the
April 22, 2002, Special Meeting of the Planning and Zoning Commission.
3. Consideration and possible action on a Public Hearing for Public Review Final Plat for
55.45 acres of land out of the John Sutherland and the C. Joyner Surveys, to be known as
Estates of Westlake, located along Highland Spring Lane, with variances to the
Subdivision Regulations.
5. Consideration and possible action on a Public Hearing for a Public Review Final Plat of
15.05 acres out of the William Addison Survey, to be known as University Park, Unit Two,
Section 1, Phase A, located on the East side of Southwestern Boulevard.
6. Consideration and possible action on a request for approval of access to allow driveways to
be located on both Dawn Drive and River Bend Drive for Williams Commercial Park, Block
A, Lot 1, located at Dawn Drive and River Bend Drive.
7. Consideration and possible action on a Public Hearing for a Public Review Final Plat for
29.893 acres, out of the Burrell Eaves, the Frederick Foy and the Daniel Monroe Surveys,
to be known as Sun City Georgetown, Neighborhood Thirty-Four, located along Sun
City Boulevard.
Item 10 was pulled completely from the agenda at the applicant’s request. Items 4 and 7 were
pulled from the Consent Agenda for separate discussion. Commissioner Aadnesen stated that
he was not present at one of the meetings that required approval of the minutes so would not be
able to vote for item 2 unless it was pulled.
Motion by Commissioner Seamans to approve the minutes and the consent agenda items that
were not pulled. Second by Commissioner McDonald. Approved 5-0. Commissioner
Aadnesen abstained.
Regular Agenda
4. Consideration and possible action on a Public Hearing for a Record Final Plat of 27.67
acres in the William Roberts Survey, to be known as the Reserve at Berry Creek,
Section 1C, located north of the most southeast portion of Logan Ranch Road.
Melissa McCollum presented the staff report. She explained that this has previously been
before the Commission and City Council. Since this was longer than two years ago, the
plan, consistent with the previous application, must be submitted for approval through the
Planning and Zoning Commission and City Council. This plat is for 54 single-family homes,
one part parkland lot and one part detention pond. They received variances before that
allowed a radius of a local street to be 25 feet less than the requirement of 250 feet. This
Public Review Final Plat was approved before with parkland dedication approved by
receiving 50% credit for the private parkland on site, including the private parkland they
have in the amenity center, and they paid 50% of the parkland fees. The developer would
normally be required to pay $250 per lot of parkland dedication, and this application was
approved to allow them to pay $125 per lot for this section and all previous sections. Any
future sections will not fall under this waiver and will go to the Parks Board and this
Commission for approvals.
Commissioner Aadnesen quested why the applicant was given a 50% parkland requirement
waiver. He stated that the Berry Creek developer has not given public parkland in the
original agreement but was allowed to dedicate 50% of the original parkland requirement to
a private golf course area and the rest of the parkland is a strip of land that is far away from
the residents. The residents are upset that they do not have park areas for their small
children. McCollum explained that this was part of a pre-existing agreement under a
previous approval of a PRFP. Benton explained that this is currently a request for approval
of a Record Final Plat under the rules of the previous approval. The Subdivision
Regulations require a Public Hearing of this item after a certain time period has expired and
before the plat has been recorded. This item had to be brought forward for public hearing
and confirmation. Under future developments the new parkland dedication “rules” will apply,
but this development falls under the previous parkland ordinance, through the entire
approval process. Commissioner Seamans asked why this agreement was made
previously. McCollum explained that the previous parkland dedication ordinance allowed
this type of variance, whereas the new ordinance does not.
Commissioner Johnny Anderson entered and was seated on the dais. Commissioner Kirby
asked if legal counsel has been sought on this issue. Ms. Carls stated that she had
generally reviewed all the applications. She is working on an interpretation of the question
of whether when this application comes back for public hearing and approval, it falls under
the old regulations, under which it was originally adopted, or the new regulations. Staff is
recommending approval and extension of the previous application, based upon the previous
parkland dedication ordinance, which was in effect at the time of approval, and allowed a
50% credit toward parkland dedication, and because of the developer is 90% complete with
the infrastructure and is working consistently toward being able to record the final plat. Ms.
Carl will review the documents and determine if the City is allowed to apply the new
regulations to this development. She will take a few moments to review the facts pertinent
to this case. Commissioner Seamans stated that he felt this Plat was given a time limitation
for a reason and that he would not be able to recommend approval based on the complaints
of the Berry Creek residents. Chair called on the applicant to address the Commission.
Applicant speals to the issues and give history of ownership of property. Commissioner
Kirby quested open drainage issues. Applicant stated that there is only one open drainage
ditch and that the maintenance costs are too high to repeat this type of design again.
Commissioner Seamans expressed concerns about lack of parklnad dedication and how
long the developer had been discussing the parkland issues.
Public Comment:
Ron Bd – 3713 Brangus, Georgetown. Mr. Boyd expressed concern over the amount of
drainage/stormwater that is currently flowing over this property and the increased amount of
storm flow that this development would cause.
Tony Boatman – 3701 Brangus, Georgetown. Mr. Boatman questioned a previous
agreement with the City that a 500 foot privacy fence was to be built along the back of his
property, between this proposed development and his house, by the developer. McCollum
showed Mr. Boatman that a plat note was added to this development stating that an 8 foot
privacy fence was to be built along lots 27 through 37, before any houses were to be
constructed and tha ll houses constructed along that area were to be single-story structures.
Commission adjourned to Executive Session at 7:26 p.m. for the purpose of legal
consultation with City Attorney.
Executive Session adjourned and Regular Session continued at 7:54 p.m.
Applicant was offered an opportunity to respond to citizens. He stated there is currently
another pond that is being built to capacity. It will detain all the water that is coming off the
proposed development are and will release it in a controlled manner so that the flow across
Mr. Boyd’s property will not be increased. They have also worked with engineers, including
David Munk, the City’s engineer, so that the current flow across Mr. Boyd’s property is
reduced by 37%. Munk stated that all the storms were reduced and that this water flows
into a FEMA flood plain, which actually crosses Mr. Boy’d’s property. There is an existing 60
acre area drainage area in undeveloped Berry Creek that drains into the proposed 3-4 acre
pond and it definitely flows across Mr. Boyd’s property and has since before the original
development. Any other new development (other than within the 60 acres mentioned
above) will drain to another are. The developer has not only controlled their flow but have
reduced the existing rate across Mr. Boyd’s property. Mr. Boyd stated that the flooding
across his property began in 1984 when the detention pond was built behind his property
and states that the engineers were wrong at that time too.
Commissioner Comments:
Turner – This is a prickly situation. She stated that she felt the developer had followed the
rules of the game, and not denying the problem with Mr. Boyd, she doesn’t feel there is a
reason to deny the request.
Aadnesen – He agrees with turner. Can’t vote for a denial but will write letters to assure Mr.
Boyd, David Munk and the City are communicating. He believes that the developer has
worked within the original guidelines as was required.
Seamans – Thinks this item has brought up contention with surrounding neighbors. Doesn’t
feel passing this with unaddressed problems is appropriate. Wants commitment from
developer regarding the park situation.
Anderson – Concerned about the facts of the water situation. Wants an additional study to
make sure the City or developer is not making the situation worse.
Kirby – will vote against the Record Final Plat because he is not sure Mr. Boyd has not been
damaged and that a remedy needs to be found. He wants further study to determine the
liability of the previous developer and a study to find a remedy for the parkland situation.
McDonald – feels that Mr. Boyd is in a bad situation but that the developer has done all that
were in the guidelines for him to do and then some. She hopes the developer will continue
to operate in good faith. She will vote for this item.
Motion by Kirby to deny the Record Final palt of 27.67 acres in the William Roberts Survey,
to be known as the Reserve at Berry Creek, Section 1C, located north of the most southeast
portion of Logan Ranch Road. Second by Seamans. Motion fails 3-4. Aadnesen, Glasco,
McDonald and Turner voted against this motion.
Motion by McDonald to approve to the City Council the Record Final Plat of 27.67 acres in
the William Roberts Survey, to be known as the Reserve at Berry Creek, Section 1C,
located north of the most southeast portion of Logan Ranch Road. Second by Turner.
Aadnesen proposed an amendment that the Commission recommend to the City Council,
along with the approval of the Record Final, that before approving this that the facts in
dispute over remedies of this new development and Mr. Boyd’s property are explained,
understood, and in place to control the groundwater that was described by the engineering
department of the City. McDonald and Turner accept the amendment. Approved 4-3.
Anderson, Seamans and Kirby voted against this motion.
7. Consideration and possible action on a Public Hearing for a Public Review Final Plat for
29.893 acres, out of the Burrell Eaves, the Frederick Foy and the Daniel Monroe Surveys,
to be known as Sun City Georgetown, Neighborhood Thirty-Four, located along Sun
City Boulevard.
McCollum grave staff report. Todd Janssen of Del Webb came forward to answer
questions. McDonald asked Janssen to address the negative public comments. He stated
that he could not address what the citizen was promised when the purchased property in
Sun City. He stated that this neighborhood has been in this form since 1998. Neighborhood
11, which this development affects, has been developed since 1999. This is the first public
document submitted on this property, but the 1998 map shows the same boundary as this
applicatoin. McDonald asked if this was a misinterpretation. Janssen agreed this was
probably so.
Chair Glasco asked for Commissioner comments. All Commissioners were supportive.
Motion by Seamans to approve a Public Review Final Plat for 29.893 acres, out of the
Burrell eaves, the Frederick Foy and the Daniel Monroe Surveys
8. Consideration and possible action on a Public Hearing for a Record Final Plat for a
containing 7.220 acres out of the Nicholas Porter Survey, San Gabriel Village, Section
Two, Phase 2, located on San Gabriel Village Boulevard, with possible variances to the
Subdivision Regulations.
Regular Agenda
9. Consideration and possible action on a Public Hearing for a Variance to the Subdivision
Regulations for Lot 1 of the Amended River Bend V, Phase III, Lots 14-16, located at
Gabriel View Drive, Booty’s Crossing Road and Parker Drive.
10. Consideration and possible action on a Public Hearing for a Rezoning of approximately 5.7
acres, out of the Nicholas Porter Survey, from RS, Single Family District to C2-A,
Commercial First Height District, or more restrictive district, located on the west side of
Austin Avenue located (approximately) between Williams Drive (south) and Apple Creek
Drive (north) at 1106 North Austin Avenue.
11. Consideration and possible action on a Public Hearing for a Rezoning from RS, Residential
Single Family to RM-2, Dense Multi-Family, or more restrictive district , for 1.812 acres,
more or less, out of the Nicholas Porter Survey, located on Janis Drive; and C-2B,
Commercial 2nd Height to RM-2, Dense Multi-Family, or more restrictive district, for 1.34
acres, more or less, out of the Nicholas Porter Survey, to be known as Ryan’s Cove
Townhomes, located on Northwest Boulevard.
12. Consideration and possible action on a Public Hearing for a Century Plan Amendment for
acres out of the William Addison Survey, from Intensity Level 3 to Intensity Level 4,
located along Hwy 29, east of CR 188.
13. Consideration and possible action on a Public Hearing for a Rezoning from A, Agricultural
to C-2A, Commercial First Height, or more restrictive district, of 2.80 acres out of the 1460
Commercial Park Subdivision, located at the southeast corner of Quail Valley Drive and
FM 1460; and, I, Industrial to C-2A, Commercial First Height, or more restrictive district, of
1.99 acres, Lots 1 & 2, Block B, of the Horizon Commercial Park Subdivision, located
at the southwest corner of Quail Valley Drive and Texstar Drive.
14. Consideration and possible action on a Public Hearing for a Rezoning of 13.403 acres,
out of the Francis A. Hudson and the J. S. Patterson Surveys, from A, Agricultural, to I,
Industrial, or any more restrictive district, for 3.403 acres, to be known as Park Central
One, Section III, located on 200 Park Central Boulevard.
15. Staff comments and reports.
a. Council Action update
b. Director’s report
16. Commissioners comments and reports